remedy, the Court has established that for an effective remedy to exist, it is not sufficient
that it be provided for by the Constitution or in law or that it be formally recognized, but
rather it must be truly effective in establishing whether there has been a violation of human
rights and in providing redress. A remedy that is illusory because of the general conditions
prevailing in the country, or even in the particular circumstances of a given case, cannot be
considered effective. 222 This may occur, for example, when the ineffectiveness of a remedy
has been demonstrated in practice, because there are no means to execute it or because of
any other situation that implies the denial of justice. 223 Thus, the process should be aimed
at implementing the protection of the right recognized in the judicial ruling through the
proper application of said ruling. 224
186. The Court has pointed out that, under the terms of Article 25 of the Convention, it is
possible to identify two specific obligations of the State. The first is to regulate and ensure
the proper application of effective remedies before the competent authorities, which protect
all persons under its jurisdiction against acts that violate their fundamental rights or that
lead to the determination of their rights and obligations. The second is to guarantee the
means to enforce the respective remedies and final decisions issued by such competent
authorities, 225 so as to effectively protect the rights declared or recognized. The right
established in Article 25 is closely linked to the general obligation in Article 1(1) of the
Convention, inasmuch as it assigns duties of protection to the States Parties through their
domestic legislation. 226 Thus, the State not only has a duty to design and embody in
legislation an effective remedy, but also to ensure the proper application of said remedy by
its judicial authorities. 227
187. The Court notes that Ecuador expressly acknowledged its violation of Article 25 of
the American Convention during the public hearing in the following terms:
Ecuador acknowledges [the] right to a simple, prompt and effective remedy, in Article 25 of the
Convention, inasmuch as in the case of the former judges the State did not provide an appropriate
and effective legal remedy against the National Congress’s Resolution of 2004 which could
determine whether a human rights violation had occurred.
188. In this case, the Court has accepted the acknowledgement of international
responsibility under the terms expressly established by the State. Without prejudice to the
foregoing, it is necessary to define the scope of this acquiescence and, within that
framework, rule on the remaining disputes, including whether or not the State violated
Article 25 by failing to comply with its obligation to offer, to all persons subject to its
jurisdiction, an effective legal remedy against acts that violated their fundamental rights.
222
Cf. Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Judgment of February 6, 2001. Series
C No. 7, para. 137, and Case of García and Family v. Guatemala. Merits Reparations and Costs. Judgment of
November 29, 2012. Series C No. 258, para. 142.
223
Cf. Case Las Palmeras v. Colombia. Reparations and Costs. Judgment of November 26, 2002. Series C No.
96, para. 58, and Case of Forneron and daughter v. Argentina. Merits, Reparations and Costs. Judgment of April
27, 2012. Series C No. 242, para. 107.
224
Cf. Case of Baena Ricardo et al. v. Panama. Jurisdiction, para. 73, and Case of Furlan and Family v.
Argentina, para. 345.
225
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19,
1999. Series C No. 63, para. 237, and Case of Mohamed v. Argentina, para. 83.
226
Cf. Case Castillo Paez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34, para. 83, and Case
of the Xakmok Kasek Indigenous Community. v. Paraguay. Merits, Reparations and Costs. Judgment of August 24,
2010. Series C No. 214, para. 141.
227
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, para. 237, and Case of the
Xakmok Kasek Indigenous Community. v. Paraguay, para. 141.
55